Ninth Circuit Remands Royalty Dispute Over Zilactin

Law360 (September 5, 2007, 12:00 AM EDT) -- A federal appeals court has ruled that a lower court overstepped its bounds by determining that an agreement over royalties for a patent covering a herpes treatment was unenforceable.

The U.S. Court of Appeals for the Ninth Circuit on Wednesday found that the U.S. District Court for the District of Nevada wrongly applied a prior ruling by the Supreme Court to allow a patent holding company to stop making royalty payments to the inventor of the original patent of Zilactin, a liquid solution to treat herpes....